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Hearing video

ZBA Hearing - November 17, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20205h 18m

persist. And to rectify that concern and rectify that problem, this is the only option that the

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bank has. And that, I believe, justifies the hardship here for the additional

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I believe justifies the hardship here for the, you know, the additional two feet, seven inches

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on the perimeter fence around the bank. They feel like they've worked with the RCO and the

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community on the design and tried their best to make this fence look as inviting as possible,

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given the purpose for security of the site. So, you know, I'd ask for the board's guidance on

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East Pass Young's concerns. Some of them were already addressed by South Broad Street's RCO.

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Things like the height of the fence and things are fairly set by, you know, our facilities people

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who believe that that is the minimum height that they can achieve the security with. And we've

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also backed down on other design issues that the RCO had about the original height of the

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application you know the application uh asked for and the design of the fence with a curvature which

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was um not inviting at all so we've really come a long way to work with them and um we'd ask for

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the board's vote on this i mean in my opinion i just feel that a fence is not inviting and that's

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the gateway to pass yonk avenue

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does the board have any questions yes i think that a landscaping plan would be more helpful

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than a fence if you want to prevent people from sleeping there they won't sleep on bushes

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so if you try a landscape plan it may solve your problem it's it's it's more than the

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So it's them actually sleeping in the doors and in the vestibule and the area around the bank building itself.

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It's where the employees and the customers come in and out on a daily basis.

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Where is the vestibule? Will that be behind the fence or is that on Broad Street?

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No, the entrances will be behind. If Kevin's still around, he can explain, but the entrances will be behind the fence.

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does anybody else have any questions

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no no planning commission

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i think i already asked i i think you already did too

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i wasn't on what was the planning commission's recommendation no

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okay thank you i think there might be another way but uh mr malloy i apologize because i got on

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a little bit late during the discussion and i i think that there may be someone from uh

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passing square uh on the line is there any uh any uh

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ability to have further conversation do you think anything might be able to change

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and i guess maybe that might be more for the rcos than than the applicant

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further discussion do you think will will could potentially lead to some agreement if not you

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know that's fine i just trying to clear it up in my mind and we would work continue to work with

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the rco on issues like design and the aesthetics trees you know we the the problem is that the

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delay is is is costing them safety concerns at the bank and that's that's the thing they've

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been anticipating building the fence you know i get that i'm very familiar with the area i mean

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we have unfortunately we got the problem exist in many places even across the street the old

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belt bell telephone building that's become an encampment of some of sorts for for homeless

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folks i i respect that i sympathize with it but i think there might be i don't have it in my mind

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i'm not an architect but there might be better ways and tom just talked a little bit about

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landscaping there may be a way of doing a little bit of both again i don't know but if you'd like

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to have more time i think the board would be willing to allow that to happen well i think we

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we let's to be very clear we we don't uh want a denial today the board is you know

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leaning towards that way we would like to take more time and see if we can

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can work some things out um but you know we we stress that things like height are at a sort of

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minimum that we feel that we can achieve the safety um so i would invite further conversation

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though just so you know uh they'll climb anybody would climb if you want to get into any place

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you'll climb an eight-foot fence.

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Marvin, is there anyone on from the RCO?

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is there anyone on from the RCO

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Mr. Chair it was the East Pashon

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Crossing and then it was the Pashon

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Avenue Revitalization Corp and it was

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South Broad Street Neighbors

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also Mr. Chair

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sorry to interrupt Mr. Chair

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that's okay

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there's at least four people with their

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hands raised

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so those four folks

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what I would suggest

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that you go back to the drawing board, work with the applicant to see if you can come up with

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something that may address the applicant's concerns and the RCA and the community's

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concerns as well. As I said, you know, I'm very familiar with that area. And I think there might

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be. Again, I don't have any ideas or thoughts in my mind, but better minds than me, I'm sure,

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may be able to come up with something that is accommodating to all sides. So with that,

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i'd like to say we can we'll continue this hearing uh mi 2020 that's zero zero one zero nine two

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one nine three one south broad would be continued uh mr malloy you can work that out with the rcos

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and then let miss sunkett know when tanya will we give them a date or should we let them get back to

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us um so i just need clarity is this a continuance or resumption um i you're right i apologize

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we'll let we'll put this in as a resumption okay we have a specific date now we got a holiday

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coming up right yes let's try for

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december the 8th

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december 8th december 8th tuesday at 9 30 okay thank you i apologize for that

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Mr. Chairman, the general counsel for Trumark, who's texting me, is in the audience somewhere, and she just wanted to say some things on the record.

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I'm not sure if she's still available and if you'll indulge her for a few minutes.

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Kelly Boyd.

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Body, sorry. Kelly Body, sorry.

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all right miss body are you available

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there she is please identify yourself first and last name and i'll swear you in sure kelly body

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oh your last name b as in boy o t as in tom t as in tom i we're in firm to tell the truth the

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whole truth nothing but the truth i i do um recognizing your time is short i do just want to

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discuss this matter in a little bit more detail and provide some perspective because this isn't

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just the opinion of Trumark Financial. It's also the opinion of our members. It is really deterred

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members from using our facility. There's been hypodermic needles outside. There have been

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homeless encampments in our parking lot. It's presented significant liability to the point

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where we may have to consider leaving the premises. And that is the last resort because we do provide

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financial services to an already impacted community. I know there's been some discussion

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about landscaping. We have tried that. We have tried that several times. Our landscaping has

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been destroyed. It's been urinated on. And I am not sure what other solution we could present that

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would balance community safety, community aesthetic concerns with our member safety. So I'm open to

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hearing some of that perspective but i do just want to address it from from that perspective

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because it's an increasing um liability for us obviously understood and we respect that but

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again we'll give it a couple more weeks uh and hopefully we can come to some resolution

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mr chairman yes sir i agree that they have tried some landscaping but it was really insufficient

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landscaping. They have to use an abundance of landscaping. Thank you. All right. Thank you,

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Tom. Okay. MI 2020-001092, 1931 South Broad Street. This hearing will be resumed on December

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the 8th at 9 30 a.m., at which time we will consider any feedback related to the RCO's

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position. Thank you. And if I could, Chair, just mention to Mr. Malloy that no requirement for

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posting for this case. It would just be a resumption hearing. Thank you very much. I

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appreciate it. Thank you, Mr. Chairman. Any more cases? That's it. That's all, Chair. That's it.

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Okay. Thank you all. Stay safe. See you at two o'clock. Thank you. Good afternoon, everyone.

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Thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment. I'll be participating in today's hearing along with our Vice Chair, Ms. Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James Snow.

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My name is Frank DiCicco.

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I'm the chair of the Zoning Board.

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Board Administrator Ms. Tanya Sunkett and Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, for the benefit of anyone

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participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking

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or testifying. Third, we'd like to advise everyone that this proceeding is being recorded

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and that by participating you acknowledge your agreement to be recorded. Fourth, for anyone

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participating by phone, if you wish to testify you must raise your hand by hitting star nine

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and then star six to unmute yourself. Repeat, for anyone participating by phone,

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if you wish to testify you must raise your hand by hitting star nine and then star six to unmute

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yourself finally to enter an appearance statement call google 267-270-5548 and leave your email

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address and the address of the property at issue i'll repeat that to enter an appearance statement

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call google 267-270-5548 and leave your email address and the address of the property at issue

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with that said we can begin but before miss our vice chair miss denari calls our first case

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we'd like to ask if anyone is requesting a continuance or an appeal for this

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afternoon's two o'clock session if so please raise your hand

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And we'd also like to advise everyone, please do not attempt to testify in the chat.

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Any comments should be directed to the board.

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Okay, Mr. Chair, we have a Ms. Sarah Alderfer, who has her hand raised.

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We'll go ahead and allow her to talk right now.

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Okay.

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Good afternoon, ma'am.

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When you get on, please identify yourself, first and last name, your address, and I'll

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swear you in.

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Good afternoon, Mr. Chair, members of the board. Sarah Aldefer, S-A-R-A-H-A-L-D-E-R-F-E-R, 1500 JFK Boulevard, Suite 800, Philadelphia.

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Do you swear and affirm to tell the truth? The whole truth is nothing but the truth.

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I do.

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Please proceed.

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I'm here today on behalf of the owner and applicant of 2538 South 15th Street, MI 2020-000-445.

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We're requesting a continuance so that we can address community concerns raised at the RCO meeting

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and also because the property was not continuously posted with the notice for the time required by the code.

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Thank you. That's number seven on our sheet to the rest of the board members.

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MI 2020-000445-2538 South 15th Street is continued unless there's any objections.

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If not, that case is continued.

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Okay, we have a Ms. Tina Marie Russell, a long hour to talk. Ms. Russell, please wait

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to be sworn in. Good afternoon, Ms. Russell. Please identify yourself for the record, first

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and last name, and your address, and spell your name, please.

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Tina Marie Russell

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North Central Philadelphia CDC

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RCO

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We're in the firm to tell the truth

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the whole truth, nothing but the truth

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I do

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And you're here on what case?

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So we're here on

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1806

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Ontario

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and that is

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permit number

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You need me to give the permit number?

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You're breaking up a little bit.

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If you can get closer to the phone, that would be helpful, or your speaker.

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Okay, hold on one second.

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Let me see.

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Can you hear me better now?

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A little better, thank you.

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And what case are you here on?

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Okay, so I was saying, do you need me to give you the number?

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I was saying, do you need me to give you the number?

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Just give us the address.

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Just give me.

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Right.

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The address is 1806 West Ontario Street.

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That's a 330 case.

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Yeah, you have to come back on at 330.

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Okay, I got you.

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Okay, thank you.

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You're welcome.

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Thank you.

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Any other requests for continuances or withdrawals on the two o'clock list?

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Chair, I have a Mr. Sloan Foulkes. I will allow him to talk at this time. Mr. Foulkes, please wait to be sworn in, sir.

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Good afternoon, Mr. Foulkes. Please identify yourself for the record.

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Good afternoon, Chairman DiCicco and ZBA Board. My name is Sloan Foulkes, S-L-O-A-N-E, F-S in Fire, O-L-K-S.

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office of councilwoman maria cannes sanchez room 508 city hall i'm here uh we swear to the firm to

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tell the truth the whole truth nothing but the truth yes sir i do thank you thank you i am here

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on case number mi-2020-000710 uh 2843 water street i don't have excuse me number eight on

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our list to the board. Yes, I'm sorry. Continue. I'm sorry, sir. We have a request for continue

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because they haven't met with the coordinating RCO, which is Hase RCO. But Hase RCO has also

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reached out to us to ask the ZBA to entertain a request for dismissal. This case has been

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under review for one year plus, and they have not had any contact since the initial ZBA variance

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request with the applicants at all. Sharon and or Tanya, could we dismiss without the applicant?

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um how's my audio better yes yes okay so no we um have agreed that we would not do dismissals

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until the end of the year based on the covet and what's going on my suggestion to the board

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is if we could continue this and mark it as must be heard must be heard okay wanted to double check

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thank you uh mr folks so we're going to continue it must be heard if they don't show up on that

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date then we'll dismiss thank you very much chairman okay so mi 2020-000-710-2843 north

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water street is continued to the date that must be heard

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any other requests

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no further hands at this time mr chair okay so miss uh vice chair please begin calling

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yep okay calendar number mi 2020-000835 the address is 621-25 reed street and the attorney

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is michael phillips

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i'm now go ahead and promote mr phillips to

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panelists mr phillips please wait to be sworn in sir

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hi mr phillips name and address for the record please michael phillips 1500 market street suite

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3400 philadelphia pa 19102 here on behalf of 21 partners do you swear or affirm to tell the whole

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truth and nothing but the truth? I do. And do you agree to waive and stip? I do. Have you also

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